The Money-Lenders Act, 1940 (Bengal Act)
Section 16Refusal to grant licence
Chapter III REGISTRATION AND LICENSING OF MONEY-LENDERS
s. 16
16. Refusal to grant licence (1) The grant of a licence shall not be refused except one or more of the following grounds, namely:- (a) that the applicant has not complied with the provisions of this Act or of the rules made thereunder in respect of an application for the grant of a licence; (b) that the applicant or any person responsible or proposed to be responsible for the management of the applicant's money-lending business is under this Act disqualified for holding a licence; (c) that the applicant is not a citizen of Bangladesh. (2) A Sub-Registrar refusing a licence- (i) under clause (a) of sub-section (1) shall record his reasons for such refusal; (ii) under clause (b) of sub-section (1) shall record the evidence of the disqualification. (3) An appeal from the orders of a Sub-Registrar refusing a licence shall, if made within thirty days from the date of such order, lie to a Registrar authorised under section 6 to hear such appeal. (4) A Registrar referred to in sub-section (3) may decide, if such appeal is allowed, as to the Sub-Registrar to whom application for a licence shall be made and his decision shall, subject to the provisions of sub-section (5), be final for all purposes, and shall be binding on such Sub-Registrar whether he be under the control of such Registrar or not. (5) A Competent Court may, on application made within ninety days from the date of the decision of the Registrar in appeal under sub-section (3), revise such decision. (6) The procedure to be followed by a Competent Court or by a Registrar in proceedings under this section shall be in accordance with rules prescribed under this Act. (7) The provisions of sections 4, 5 and 12 of the Limitation Act, 1908, shall apply to all appeals and applications for revision made under this section, and for the purposes of the said sections a Registrar shall be deemed to be a Court.